C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 42—NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES › Subpart C—Nondiscrimination in Federally Assisted Programs—Implementation of Title VI of the Civil Rights Act of 1964 1

28 C.F.R. § 42.102

Definitions

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As used in this subpart—

(a) The term responsible Department official with respect to any program receiving Federal financial assistance means the Attorney General, or Deputy Attorney General, or such other official of the Department as has been assigned the principal responsibility within the Department for the administration of the law extending such assistance.

(b) The term United States includes the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and all other territories and possessions of the United States, and the term State includes any one of the foregoing.

(c) The term Federal financial assistance includes:

(1) Grants and loans of Federal funds,

(2) The grant or donation of Federal property and interests in property,

(3) The detail of Federal personnel,

(4) The sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and

(5) Any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

(d) The terms program or activity and program mean all of the operations of any entity described in paragraphs (d)(1) through (4) of this section, any part of which is extended Federal financial assistance:

(1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or

(ii) A local educational agency (as defined in 20 U.S.C. 7801), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (d)(1), (2), or (3) of this section.

(e) The term facility includes all or any portion of structures, equipment, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration, or acquisition of facilities.

(f) The term recipient means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, or organization, or other entity, or any individual, in any State, to whom Federal financial assistance is extended, directly or through another recipient, including any successor, assign, or transferee thereof, but such term does not include any ultimate beneficiary.

(g) The term primary recipient means any recipient which is authorized or required to extend Federal financial assistance to another recipient.

(h) The term applicant means one who submits an application, request, or plan required to be approved by a responsible Department official, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and the term application means such an application, request, or plan.

(i) The term academic institution includes any school, academy, college, university, institute, or other association, organization, or agency conducting or administering any program, project, or facility designed to educate or train individuals.

(j) The term disposition means any treatment, handling, decision, sentencing, confinement, or other prescription of conduct.

(k) The term governmental organization means the political subdivision for a prescribed geographical area.

[Order No. 365-66, 31 FR 10265, July 29, 1966, as amended by Order No. 699-77, 42 FR 15315, Mar. 21, 1977; Order No. 960-81, 46 FR 52357, Oct. 27, 1981; Order No. 2679-2003, 68 FR 51363, 51364, Aug. 26, 2003]
Notes of Decisions
Cited in 7 cases, 1983–2020 · leading case: David K. v. Michael Lane, Dir., Illinois Dep't of Corr., 839 F.2d 1265 (7th Cir. 1988).
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David K. v. Michael Lane, Dir., Illinois Dep't of Corr., 839 F.2d 1265 (7th Cir. 1988). · cites it 2× “55 A "program" is defined in 28 CFR 42.102(d) as: 56 any program, project or activity for the provision of services .”
Jarno v. Lewis, 256 F. Supp. 2d 499 (E.D. Va. 2003). · cites it 3× “In its motion, the Authority argues that it is not subject to suit under § 1983 because it did not act “under color of state law” with regard to Jarno, and that it is not subject to suit under Title VI because it does not receive “federal financial assistance” as defined in 28…”
Sandoval v. Hagan, 197 F.3d 484 (11th Cir. 1999). “"Services, financial aid, or other benefits provided under a program receiving Federal assistance [is defined as] ... any service, financial aid, or other benefit provided in or through a facility provided with the aid of Federal financial assistance.”
Soberal-Perez v. Heckler, 717 F.2d 36 (2d Cir. 1983). “While we do not consider the Secretary’s interpretation the last word on the subject, the fact that, in promulgating regulations to facilitate compliance with Title VI, the Secretary, as well as the heads of other administrative agencies, see, e.”
United States v. Maricopa, 151 F. Supp. 3d 998 (D. Ariz. 2015). “” 28 C.F.R. ,§ 42.102(d). MCSO is clearly a department of local government under the statute, and Arpaio is its head.”
Shebley v. United Cont'l Holdings, Inc. (N.D. Ill. 2020). “28 C.F.R. § 42.102 (c). In its previous Memorandum Opinion and Order, the Court rejected the Shebleys’ argument that federal money Defendants received as compensation for the September 11, 2001 terrorist attacks constituted federal financial assistance for purposes of Title VI.”
Sandoval v. Hagan, 197 F.3d 484 (11th Cir. 1999). “5 (b)(4) (Department of Transportation); 28 C.F.R. 42.102 (Department of Justice) (same).”
— 28 C.F.R. § 42.102(d) — 2 cases
David K. v. Michael Lane, Dir., Illinois Dep't of Corr., 839 F.2d 1265 (7th Cir. 1988). “55 A "program" is defined in 28 CFR 42.102(d) as: 56 any program, project or activity for the provision of services .”
United States v. Maricopa, 151 F. Supp. 3d 998 (D. Ariz. 2015). “” 28 C.F.R. ,§ 42.102(d). MCSO is clearly a department of local government under the statute, and Arpaio is its head.”
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